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Government of India
The Motor Vehicles (Amendment) Bill, 2019 was passed by Rajya Sabha today. Speaking on the
occasion Shri Nitin Gadkari, Minister of Road Transport & Highways and MSME thanked the
Members of the House and said that this was a matter of great happiness for him. He said the much
needed amendments will improve road safety, facilitate citizens in their dealings with transport
departments, strengthen rural transport, public transport and last mile connectivity through
automation, computerization and online services. The Minister reiterated that the Bill would, in no
way, encroach upon the powers and authorities of the states. He said the Bill would rather empower
the states. He added that the Bill will provide an efficient, safe and corruption free transport system
in the country.
The Bill has been passed with three Government amendments and will need to go back to Lok
Sabha. The Lok Sabha had already passed the Bill on the 23rd of July 2019.
The Motor Vehicles (Amendment) Bill, 2019 is based on the recommendations of the Group of
Transport Ministers (GoM) of States constituted by the Ministry of Road Transport & Highways to
address the issue of road safety and to improve the facilitation of the citizens while dealing with
transport departments. The GoM was headed by Shri. Yoonus Khan, the then Transport Minister of
Rajasthan, and had 18 State Transport Ministers from different political parties as members. On
the basis of recommendations of the GoM and other pressing requirements, the Ministry of Road
Transport & Highways introduced the Motor Vehicle (Amendment) Bill 2016. This, along with
amendments, was passed by Lok Sabha on 10th April, 2017. The Bill as passed by Lok Sabha was
introduced in Rajya Sabha and was referred to the Select Committee of the Rajya Sabha on
08.08.2017. The Select Committee presented its report to the Parliament on 22nd December, 2017.
The Bill was pending in the Rajya Sabha and lapsed with the dissolution of the 16th Lok Sabha.
The amendments in the Bill mainly focus on issues relating to improving road safety, citizens’
facilitation while dealing with the transport department, strengthening rural transport, last mile
connectivity and public transport, automation and computerization and enabling online services.
Some of the important areas of amendment are as follows:
Road Safety
In the area of road safety, the Bill proposes to increase penalties to act as deterrent against traffic
violations. Stricter provisions are being proposed in respect of offences like juvenile driving,
drunken driving, driving without licence, dangerous driving, over-speeding, overloading etc. Stricter
provisions for helmets have been introduced along with provisions for electronic detection of
violations. Penalty regarding motor vehicles is to be increased by 10 % every year..
Proposed Amendments in Various Penalties under Motor Vehicles (Amendment) Bill – 2019
Vehicle Fitness
The Bill mandates automated fitness testing for vehicles. This would reduce corruption in the
transport department while improving the road worthiness of the vehicle. Penalty has been
provided for deliberate violation of safety/environmental regulations as well as body builders and
spare part suppliers. The process for testing and certification for automobiles is proposed to be
regulated more effectively. The testing agencies issuing automobile approvals have been brought
under the ambit of the Act and standards will be set for motor vehicle testing institutes.The Bill also
provides for compulsory recall of defective vehicles and power to examine irregularities of vehicle
companies.
Recall of Vehicles
The Bill allows the central government to order for recall of motor vehicles if a defect in the vehicle
may cause damage to the environment, or the driver, or other road users. The manufacturer of the
recalled vehicle will be required to: (i) reimburse the buyers for the full cost of the vehicle, or (ii)
replace the defective vehicle with another vehicle with similar or better specifications.
The Bill provides for a National Road Safety Board, to be created by the central government through
a notification. The Board will advise the central and state governments on all aspects of road safety
and traffic management including standards of motor vehicles, registration and licensing of
vehicles, standards for road safety, and promotion of new vehicle technology.
The Bill has included the driver’s attendant in 3rd Party insurance. re will be no cap on liability of
insurers. There will be a 10 time increase in insurance compensation, from Rs 50, 000 to Rs 5 lakh.
Claim process has been simplified. Insurance firms have to pay claims within a month, if the victim’s
family agree to accept Rs 5 lakh compensation. The Bill also increases the minimum compensation
for hit and run cases from Rs 25,000 to two lakh rupees in case of death, and from Rs 12,500 to Rs
50,000 in case of grievous injury.
Motor Vehicle Accident Fund
The Bill requires the central government to constitute a Motor Vehicle Accident Fund, to provide
compulsory insurance cover to all road users in India. It will be utilised for: treatment of persons
injured in road accidents as per the golden hour scheme, compensation to representatives of a
person who died in a hit and run accident, compensation to a person grievously hurt in a hit and run
accident, and compensation to any other persons as prescribed by the central government. This
Fund will be credited through: payment of a nature notified by the central government, a grant or
loan made by the central government, balance of the Solatium Fund (existing fund under the Act to
provide compensation for hit and run accidents),or any other source as prescribed the central
government.
Improving delivery of services to the stakeholders using e-Governance is one of the major focuses
of this Bill. This includes
The Bill provides for online Learners Licence with mandatory online identity verification Driving test
will be computerized to avoid fake D.L. The Bill will bring transparency in RTO offices. Commercial
licenses will be valid upto five instead of three years. Application for renewal can be made one year
prior to or after licence lapses. Driver Training Schools will be opened so that more efficient drivers
may be available.
To improve the registration process for new vehicles, registration at the end of the dealer is being
enabled and restrictions have been imposed on temporary registration. The Minister has however
said that state transport departments can inspect the vehicles at dealers end .
To bring harmony of the registration and licensing process, it is proposed to create National Register
for Driving Licence and National Register for Vehicle registration through “Vahan” & “Sarathi”
platforms. This will facilitate uniformity of the process across the country.
Drivers Training
The driving training process has been strengthened enabling faster issuance of transport licenses.
This will help in reducing the shortage of commercial drivers in the country. More and more drivers
training schools and vehicle fitness centres will be opened
To facilitate transport solutions for Divyang, the bottlenecks have been removed in respect of grant
of driving licenses as well as alterations in the vehicles to make it fit for their use .
Development of integrated Transport System will be possible from the National Transportation
Policy. This will also enhance the powers of the State Governments, provide better last mile
connectivity, rural transport etc.
Taxi aggregators:
The Bill defines aggregators as digital intermediaries or market places which can be used by
passengers to connect with a driver for transportation purposes (taxi services). The Bill provides
guidelines for Aggregators. At present there are no rules in many states for regulating aggregators,
taxis etc.
Offences and penalties: The Bill increases penalties for several offences under the Act. For
example, the maximum penalty for driving under the influence of alcohol or drugs has been
increased from Rs 2,000 to Rs 10,000. If a vehicle manufacturer fails to comply with motor
vehicle standards, the penalty will be a fine of up to Rs 100 crore, or imprisonment of up to one
year, or both. If a contractor fails to comply with road design standards, the penalty will be a fine
of up to one lakh rupees. The central government may increase fines mentioned under the Act
every year by up to 10%.
Taxi aggregators: The Bill defines aggregators as digital intermediaries or market places which
can be used by passengers to connect with a driver for transportation purposes (taxi services).
These aggregators will be issued licenses by state Further, they must comply with the
Information Technology Act, 2000.
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